Legal Question in Military Law in North Carolina

AWOL Friend

I am worried for a very close friend of mine. He is a marine and has not been back to base in almost 30 days. He says he is on leave but I do not believe him. I believe he thinks he is not going to get in trouble because he is being discharged anyways for something. He is just waiting on the paperwork. Can he get into more trouble for now being a deserter? What should I do to help him.


Asked on 2/02/09, 10:51 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: AWOL Friend

He could get in worse trouble.

They could now hold on to the discharge papers because after 30 days he's considered a deserter and wait to get him back. It's true that sometimes they don't bother and just go ahead and mail the papers.

However, if he doesn't go back and doesn't get the papers in the mail I recommend he not drive a car. Almost all of my clients and a large portion of others arrested for AWOL/Desertion are arrested on a driving offense. They then spend a few days to a week in the local (bad conditions) jail until the Marine Absentee Collection Unit comes to get him and take him back to his base for further action. Sometimes that means court-martial, sometimes not.

Tell him to go back and get it done with. Had a client recently arrested after 20 years. Before that he was so worried his wife always drove everywhere, until she got sick.

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Answered on 2/03/09, 12:57 am


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